10 Vintage Photographs of Snowflakes






Photo courtesy of Flickr, Smithsonian Institution.


Click here to view this gallery.






[More from Mashable: 5 YouTube Videos to Help Winterize Your Home]


If for some reason you didn’t believe no two snowflakes were alike, here’s your proof.


In 1885, Wilson A. Bentley successfully photographed over 5,000 snowflakes by attaching a camera to a microscope (and in turn honing the field of Photomicrography). His photographs supported his and others’ beliefs that all snowflakes were unique.


[More from Mashable: 20+ Online Resources for Planning a Winter Getaway]


Bentley become fascinated with snow as a child on a Vermont farm. He later spent time experimenting with ways to view individual snowflakes and their crystalline structure, which eventually came in handy when he had to be quick enough to capture a flake in a picture before it melted.


These photographs quickly became popular with dozens of scientists who studied Bentley’s work and published the images in several scientific magazines. In 1903, Bentley sent about 500 of his photographs to the Smithsonian, hoping they would be of interest to Secretary Samuel P. Langley.


The Smithsonian now has his vintage pics on display, undeniably proveing that snow is just so, so pretty.


Gallery photos courtesy of Flickr, Smithsonian Institution. Thumbnail photo courtesy of Flickr, AMagill.


This story originally published on Mashable here.


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French actor Depardieu meets Putin, picks up Russian passport






MOSCOW (Reuters) – French film star Gerard Depardieu met Russian President Vladimir Putin in the Black Sea town of Sochi and obtained his Russian passport, the Kremlin said on Sunday, after he left his homeland to avoid a new tax rate for millionaires.


Putin signed a decree on Thursday granting Russian citizenship to Depardieu, who objected to French Socialist president Francois Hollande‘s plan to impose the 75 percent tax rate. His decision to quit France had prompted accusations of national betrayal.






The Russian president and Depardieu were shown on state-run Channel One shaking hands and hugging each other early on Sunday during what the Kremlin said was a private visit by the actor to Russia.


“A brief meeting between the president and Depardieu took place,” Kremlin spokesman Dmitry Peskov said. “On the occasion of his visit to Russia, he was handed a Russian passport.”


Peskov did not say whether Putin personally gave Depardieu the passport or if he picked it up through standard procedures. He said the actor also told Putin about his career plans.


Depardieu, star of the movies “Cyrano de Bergerac” and “Green Card”, is a popular figure in Russia, where he has appeared in many advertising campaigns, including for ketchup. He also worked there in 2011 on a film about the eccentric Russian monk Grigory Rasputin.


Putin asked Depardieu whether he was pleased with his work in the movie, TV footage of their meeting showed, with the French actor saying he had already sent Putin some excerpts from it.


Depardieu bought a house in Belgium last year to avoid the French income tax increase. French Prime Minister Jean-Marc Ayrault called Depardieu’s decision to seek Belgian residency “pathetic” and unpatriotic, prompting an angry response from the actor.


Putin said last month that Depardieu would be welcome in Russia, which has a flat income tax rate of 13 percent, compared to the 75 percent on income over 1 million euros ($ 1.30 million) that Hollande wants to levy in France.


He offered Depardieu a Russian passport, saying he had a close, special relationship with France and had developed warm ties with the actor, even though they had rarely met.


Some of Putin’s critics said the passport move was a stunt and pointed out that the president announced last month a campaign to prevent rich Russians keeping their money offshore.


($ 1 = 0.7666 euros)


(Reporting By Alexei Anishchuk; Editing by Pravin Char)


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Despite New Health Law, Some See Sharp Rise in Premiums





Health insurance companies across the country are seeking and winning double-digit increases in premiums for some customers, even though one of the biggest objectives of the Obama administration’s health care law was to stem the rapid rise in insurance costs for consumers.







Bob Chamberlin/Los Angeles Times

Dave Jones, the California insurance commissioner, said some insurance companies could raise rates as much as they did before the law was enacted.







Particularly vulnerable to the high rates are small businesses and people who do not have employer-provided insurance and must buy it on their own.


In California, Aetna is proposing rate increases of as much as 22 percent, Anthem Blue Cross 26 percent and Blue Shield of California 20 percent for some of those policy holders, according to the insurers’ filings with the state for 2013. These rate requests are all the more striking after a 39 percent rise sought by Anthem Blue Cross in 2010 helped give impetus to the law, known as the Affordable Care Act, which was passed the same year and will not be fully in effect until 2014.


 In other states, like Florida and Ohio, insurers have been able to raise rates by at least 20 percent for some policy holders. The rate increases can amount to several hundred dollars a month.


The proposed increases compare with about 4 percent for families with employer-based policies.


Under the health care law, regulators are now required to review any request for a rate increase of 10 percent or more; the requests are posted on a federal Web site, healthcare.gov, along with regulators’ evaluations.


The review process not only reveals the sharp disparity in the rates themselves, it also demonstrates the striking difference between places like New York, one of the 37 states where legislatures have given regulators some authority to deny or roll back rates deemed excessive, and California, which is among the states that do not have that ability.


New York, for example, recently used its sweeping powers to hold rate increases for 2013 in the individual and small group markets to under 10 percent. California can review rate requests for technical errors but cannot deny rate increases.


The double-digit requests in some states are being made despite evidence that overall health care costs appear to have slowed in recent years, increasing in the single digits annually as many people put off treatment because of the weak economy. PricewaterhouseCoopers estimates that costs may increase just 7.5 percent next year, well below the rate increases being sought by some insurers. But the companies counter that medical costs for some policy holders are rising much faster than the average, suggesting they are in a sicker population. Federal regulators contend that premiums would be higher still without the law, which also sets limits on profits and administrative costs and provides for rebates if insurers exceed those limits.


Critics, like Dave Jones, the California insurance commissioner and one of two health plan regulators in that state, said that without a federal provision giving all regulators the ability to deny excessive rate increases, some insurance companies can raise rates as much as they did before the law was enacted.


“This is business as usual,” Mr. Jones said. “It’s a huge loophole in the Affordable Care Act,” he said.


While Mr. Jones has not yet weighed in on the insurers’ most recent requests, he is pushing for a state law that will give him that authority. Without legislative action, the state can only question the basis for the high rates, sometimes resulting in the insurer withdrawing or modifying the proposed rate increase.


The California insurers say they have no choice but to raise premiums if their underlying medical costs have increased. “We need these rates to even come reasonably close to covering the expenses of this population,” said Tom Epstein, a spokesman for Blue Shield of California. The insurer is requesting a range of increases, which average about 12 percent for 2013.


Although rates paid by employers are more closely tracked than rates for individuals and small businesses, policy experts say the law has probably kept at least some rates lower than they otherwise would have been.


“There’s no question that review of rates makes a difference, that it results in lower rates paid by consumers and small businesses,” said Larry Levitt, an executive at the Kaiser Family Foundation, which estimated in an October report that rate review was responsible for lowering premiums for one out of every five filings.


Federal officials say the law has resulted in significant savings. “The health care law includes new tools to hold insurers accountable for premium hikes and give rebates to consumers,” said Brian Cook, a spokesman for Medicare, which is helping to oversee the insurance reforms.


“Insurers have already paid $1.1 billion in rebates, and rate review programs have helped save consumers an additional $1 billion in lower premiums,” he said. If insurers collect premiums and do not spend at least 80 cents out of every dollar on care for their customers, the law requires them to refund the excess.


As a result of the review process, federal officials say, rates were reduced, on average, by nearly three percentage points, according to a report issued last September.


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Chicago restaurateurs shrug off economic worries









Chicago may have lost a few of its Michelin-starred restaurants in 2012 and waved goodbye to the inimitable Charlie Trotter's, but the higher-end restaurant scene is powering up in ways not seen since prerecession days, according to industry players and observers.


Local operators with a hit or two are embarking on ambitious ventures, though keeping an eye on startup costs and menu prices. A handful of chefs with established followings, among them Curtis Duffy and Iliana Regan, are sticking out their necks with riskier fine-dining ventures. And some prominent out-of-towners are investing on a grand scale, with a Del Frisco's Double Eagle Steakhouse just opened in the former Esquire Theater on Oak Street, and an Italian food and wine marketplace, Eataly, planned for the former ESPN Zone site in River North.


The flurry of activity is seen by some as a signal the economy has stabilized, at least for now.





"People are out spending money again, and corporations are hosting expensive dinners again, and there was a period when that was not happening," said Neil Stern, senior partner at McMillanDoolittle, a retail consultancy. "It affects the high end significantly."


Still, the bubbling of enthusiasm for the upper end of the market is something of an anomaly. The rebound in Chicago restaurant startups across all price ranges is tenuous. The city issued 1,458 new retail food licenses in 2012, only 11 more than in 2010 and below the 1,589 issued in 2007, the year leading into the recession.


Just as there are new arrivals, there were some big losses last year in this notoriously volatile business. Notable exits include Charlie Trotter's, Crofton on Wells, Il Mulino, One Sixtyblue, Pane Caldo and Ria at the Waldorf Astoria, one of several luxury hotels to step away from fine dining.


Weak economic conditions played a role for some, and the forecast for 2013 remains uncertain.


"It's a precarious market, and one economic blip really can take demand out of the market very, very quickly," Stern said.


Still, upscale-restaurant operators are moving ahead, betting on Chicagoans' seemingly endless fascination with food trends, dining out and the city's robust roster of accomplished chefs.


"When I was a child, people would go to each other's homes for a dinner party every week and would rarely go to restaurants — now it is almost the opposite," said David Flom, who with his business partner Matthew Moore hit a grand slam with Chicago Cut Steakhouse in River North, which opened in 2010. Steaks range from $34 to $114; soup, salad, sauces, vegetables and potatoes all are extra.


In December, they opened The Local at the Hilton Suites in Streeterville, a more modestly priced venue where executive chef Travis Strickland, formerly of the Inn at Blackberry Farm, is serving locally sourced comfort food. Meatloaf made with prime dry-aged beef goes for $24, rotisserie chicken pot pie for $22.


"People can use The Local as an everyday restaurant," Flom said. "People can say, 'Let's just grab a burger at The Local.' It doesn't have to be $100 a person, it can be $25."


At Chicago Cut, the average check, per person, is $82, including drinks, versus $44 at The Local, he said.


Industry observer Ron Paul, president and CEO of Technomic Inc., said he is particularly intrigued by the growing strength of such emerging independents, who are nipping at the heels of Lettuce Entertain You Enterprises Inc., even as that homegrown powerhouse continues to churn out winning concepts.


As restaurant real estate broker Randee Becker, president of Restaurants!, put it: "People who are doing north of $8 million to $10 million of sales are expanding in a big way."


After establishing a high-style, large-scale foothold in River North with the opening of Epic in 2009, proprietors Steve Tavoso and Jeff Krogh last fall embarked on a second act in the neighborhood. They engaged prominent chefs — Thomas Elliott Bowman and Ben Roche, who worked together at Moto — but kept their initial investment more modest this time.


Their latest entry, the eclectic Baume & Brix, opened last fall in the former Rumba space, which had most of the necessary mechanical, electrical, plumbing and kitchen elements in place. Startup costs were about $1.5 million, compared with more than $5 million spent to open Epic. "I took raw space (for Epic) — I would never do that again," Tavoso recalled.


Mercadito Hospitality, whose Chicago offerings include high-energy Latin American tapas spots Mercadito and Tavernita, also is watching its pennies on startups, its most recent being Little Market Brasserie in the Talbott Hotel. Led by chef/partner Ryan Poli, the restaurant has quietly opened with a Parisian decor and American small plates. Its grand opening is expected Jan. 18.


"We are aware of the fact the economy is not fully recovered, so we try to keep our expenses down without sacrificing quality," said managing partner Alfredo Sandoval.


The Chicago-based group intends to keep expanding. It just signed a lease at a River North spot with a 4 a.m. liquor license, with plans to open a drinks-focused venue there in 2013.





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Jail escapee appears in court, is ordered held without bond

Chicago Tribune reporter Jason Meisner on the recent arrest of Kenneth Conley, a convicted bank robber who escaped from federal jail in December. (Posted on: Jan. 4, 2013.)









Escaped bank robber Kenneth Conley is being held in custody without bond after appearing in federal court this morning.


Conley, who was wheeled into court in a wheelchair, waived his right to a bond hearing and was ordered by U.S. District Magistrate Judge Sheila Finnegan to remain in federal custody without bond. A preliminary hearing is scheduled for 1 p.m. Jan. 17 in front of Judge Finnegan.


The maximum penalty for escape is five years in prison and a $250,000 fine, according to federal officials. The maximum penalty for bank robbery is 20 years in prison and a $250,000 fine.








The spectacular jailbreak — the first at the Metropolitan Correctional Center in almost 30 years — embarrassed federal authorities and seemed to be meticulously planned. Conley, 38, and Joseph "Jose" Banks, 37, rappelled to freedom using a rope fashioned from bedsheets. But like Banks, who was arrested two days after the escape in the North Side neighborhood where he was raised, Conley had no apparent plan for life on the run and was found holed up in an area where he had known ties.


Palos Hills police said a maintenance worker at a building in the 10200 block of South 86th Terrace called police about 3:30 p.m. to report the "suspicious person" who might be sleeping at the premises. Officers arrived to find a man walking down the street in an overcoat and pretending to use a cane. He appeared to be trying to look older than his actual age, police said.


"Our officers stopped to talk to him and he said he was just visiting," Deputy Chief James Boie told the Tribune. "He gave them a phony name, and while they're trying to run the information, he got wise that they were going to figure it out, and he pushed one of the officers down and took off running."


Boie said two additional officers responding to the scene caught Conley about a block away as he was trying to force his way into the Scenic Tree apartment complex, which is across the street from the police headquarters. He was wrestled down but did not offer any other resistance. Conley and one officer were taken to Palos Community Hospital for observation, he said.


Police found a BB pistol in Conley's pocket. He had no cash or other weapons, Boie said.


According to court records, Conley once lived in an apartment near the scene of his arrest. Boie said Conley was known to Palos Hills police because he'd had multiple resisting and obstructing arrests in 2004.


Conley, 38, was awaiting sentencing for a single bank holdup when authorities said he and Banks removed a cinder block from their cell wall and scaled down about 15 stories of the sheer wall of the jail, located at 71 W. Van Buren Street, early on Dec. 18.


The cellmates were last accounted for during a routine bed check, authorities said. About 7 a.m. the next day, jail employees arriving for work saw the bedsheets dangling from a hole in the wall down the south side of the facade.


The FBI said a surveillance camera a few blocks from the jail showed the two wearing light-colored clothing hailing a taxi at Congress Parkway and Michigan Avenue about 2:40 a.m. They also appeared to be wearing backpacks, according to the FBI.


A high-ranking employee in the facility told the Tribune last month that video surveillance had captured the men making their descent but that the guard who was supposed to be watching the video monitors for suspicious activity might have been called away on other duties.


In the hours after they were discovered missing, Conley and Banks were traced to the southwest suburbs where Conley's family lives.


A brother of Conley's who asked that his name not be printed told the Tribune last month that a short time after the escape, Conley and Banks arrived at the family home in Tinley Park pounding on the door. Conley came in looking frazzled, claiming he had been freed on bond, the brother said. He said their mother gave him a winter coat and turned him away.


Banks was arrested Dec. 20 after an informant led authorities to the home of a boyhood friend of Banks' in the 2300 block of North Bosworth Avenue, less than five miles from the jail.


Meanwhile, Conley tasted two more weeks of freedom but did not get much farther. His arrest was just over 21 miles from the downtown jail.


According to court records, Conley has a long criminal history. He has been convicted in Cook County of offenses ranging from retail theft to weapons violations and was sentenced to eight years in prison for an armed robbery in 1996. He also was sentenced to six years in prison in San Diego County for petty theft with a prior conviction, according to California records.


Less than a year after his parole in 2010, Conley robbed a bank in suburban Homewood of less than $4,000 cash, the heist that landed him in the federal lockup.


Conley's mother, Sandra, answered the phone at her Tinley Park home Friday and said she had heard of her son's arrest but had no details or comment.


"I'm just glad it's over. That's my only comment," she said.


asweeney@tribune.com


Twitter: @Annie1221





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The Secret iPad List to Bring Down Boehener






When the failed House Republican revolution came, it came by iPad. Now that House Speaker John Boehner has survived the rebellion, all of D.C. now knows which conservative House members were conspiring to mount a challenge, thanks to a list that one of the coup’s leaders brandished on the House floor during the vote.


RELATED: United Nation Fights the ‘Asshole Factor’






A Politico photographer captured Rep. Tim Huelskamp of Kansas (pictured above), who Boehner had removed from a committee for refusing to cooperate, tapping his iPad during the roll call, checking off a list of names of other Congressmen he thought might join him in voting against Boehner. The list was titled, appropriately, “You would be fired if this goes out,” Politico’s Jake Sherman and John Bresnahan report. They hedge, “It’s not clear that any of the Republicans on Huelskamp’s list knew they were on it, or even knew of the list’s existence,” but let’s look at who were at least expected to vote against Boehner:


RELATED: Boehner Puts Down House Republican Coup


  • Steve King of Iowa

  • Cynthia Lummis of Wyoming

  • Paul Gosar of Arizona

  • Scott Garrett of New Jersey

  • Steve Fincher of Tennessee

  • Scott Desjarlais of Tennessee

Earlier this week, outgoing Louisiana Rep. Jeff Landry bragged to Breitbart News that the anti-Boehner ranks were 17 to 20 members strong, though in the end, only nine voted against their speaker, while two didn’t vote, and one voted present. Breitbart’s Matthew Boyle reports on Friday that there were several more names on Huelskamp‘s list:


RELATED: Boehner Was Afraid Issa Would Go Full Pumpkin-Shooter on His Holder Probe


  • Jeff Duncan of South Carolina

  • Mo Brooks of Alabama

  • Sam Graves of Missouri

  • Steve Southerland of Florida

  • Trey Gowdy of South Carolina

  • David Schweikert of Arizona

  • Tom Cotton of Arkansas

  • Brett Guthrie of Kentucky

Perhaps Huelskamp anticipated some would chicken out, since if some poor aide risked being “fired” for the list getting out, surely a House member might fear the wrath of Boehner for actually voting against him.


Gadgets News Headlines – Yahoo! News





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Boyz II Men to Vegas for extended gig at the Mirage






(Reuters) – One-time boy band Boyz II Men is Vegas-bound for an extended stay at the Mirage hotel and casino, the group said on Friday.


The Grammy-award winning R&B trio will begin performances on March 1, with 78 shows slated through December 2013.






“We’ve been dreaming of this day since we performed an extended holiday show two years ago in Las Vegas,” said founding member Nathan Morris in a statement, adding “we can’t wait to take the stage in March and be a part of the Las Vegas community.”


Formed in 1990 and known for hits including “I’ll Make Love To You” and “End of the Road,” the group includes tenors Wanya Morris and Shawn Stockman, in addition to baritone Morris.


With more than 60 million albums sold, it is reportedly the best-selling R&B group of all time.


(Reporting by Chris Michaud, editing by Jill Serjeant and Sandra Maler)


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The New Old Age: Murray Span, 1922-2012

One consequence of our elders’ extended lifespans is that we half expect them to keep chugging along forever. My father, a busy yoga practitioner and blackjack player, celebrated his 90th birthday in September in reasonably good health.

So when I had the sad task of letting people know that Murray Span died on Dec. 8, after just a few days’ illness, the primary response was disbelief. “No! I just talked to him Tuesday! He was fine!”

And he was. We’d gone out for lunch on Saturday, our usual routine, and he demolished a whole stack of blueberry pancakes.

But on Wednesday, he called to say he had bad abdominal pain and had hardly slept. The nurses at his facility were on the case; his geriatrician prescribed a clear liquid diet.

Like many in his generation, my dad tended towards stoicism. When he said, the following morning, “the pain is terrible,” that meant agony. I drove over.

His doctor shared our preference for conservative treatment. For patients at advanced ages, hospitals and emergency rooms can become perilous places. My dad had come through a July heart attack in good shape, but he had also signed a do-not-resuscitate order. He saw evidence all around him that eventually the body fails and life can become a torturous series of health crises and hospitalizations from which one never truly rebounds.

So over the next two days we tried to relieve his pain at home. He had abdominal x-rays that showed some kind of obstruction. He tried laxatives and enemas and Tylenol, to no effect. He couldn’t sleep.

On Friday, we agreed to go to the emergency room for a CT scan. Maybe, I thought, there’s a simple fix, even for a 90-year-old with diabetes and heart disease. But I carried his advance directives in my bag, because you never know.

When it is someone else’s narrative, it’s easier to see where things go off the rails, where a loving family authorizes procedures whose risks outweigh their benefits.

But when it’s your father groaning on the gurney, the conveyor belt of contemporary medicine can sweep you along, one incremental decision at a time.

All I wanted was for him to stop hurting, so it seemed reasonable to permit an IV for hydration and pain relief and a thin oxygen tube tucked beneath his nose.

Then, after Dad drank the first of two big containers of contrast liquid needed for his scan, his breathing grew phlegmy and labored. His geriatrician arrived and urged the insertion of a nasogastric tube to suck out all the liquid Dad had just downed.

His blood oxygen levels dropped, so there were soon two doctors and two nurses suctioning his throat until he gagged and fastening an oxygen mask over his nose and mouth.

At one point, I looked at my poor father, still in pain despite all the apparatus, and thought, “This is what suffering looks like.” I despaired, convinced I had failed in my most basic responsibility.

“I’m just so tired,” Dad told me, more than once. “There are too many things going wrong.”

Let me abridge this long story. The scan showed evidence of a perforation of some sort, among other abnormalities. A chest X-ray indicated pneumonia in both lungs. I spoke with Dad’s doctor, with the E.R. doc, with a friend who is a prominent geriatrician.

These are always profound decisions, and I’m sure that, given the number of unknowns, other people might have made other choices. Fortunately, I didn’t have to decide; I could ask my still-lucid father.

I leaned close to his good ear, the one with the hearing aid, and told him about the pneumonia, about the second CT scan the radiologist wanted, about antibiotics. “Or, we can stop all this and go home and call hospice,” I said.

He had seen my daughter earlier that day (and asked her about the hockey strike), and my sister and her son were en route. The important hands had been clasped, or soon would be.

He knew what hospice meant; its nurses and aides helped us care for my mother as she died. “Call hospice,” he said. We tiffed a bit about whether to have hospice care in his apartment or mine. I told his doctors we wanted comfort care only.

As in a film run backwards, the tubes came out, the oxygen mask came off. Then we settled in for a night in a hospital room while I called hospices — and a handyman to move the furniture out of my dining room, so I could install his hospital bed there.

In between, I assured my father that I was there, that we were taking care of him, that he didn’t have to worry. For the first few hours after the morphine began, finally seeming to ease his pain, he could respond, “OK.” Then, he couldn’t.

The next morning, as I awaited the hospital case manager to arrange the hospice transfer, my father stopped breathing.

We held his funeral at the South Jersey synagogue where he’d had his belated bar mitzvah at age 88, and buried him next to my mother in a small Jewish cemetery in the countryside. I’d written a fair amount about him here, so I thought readers might want to know.

We weren’t ready, if anyone ever really is, but in our sorrow, my sister and I recite this mantra: 90 good years, four bad days. That’s a ratio any of us might choose.


Paula Span is the author of “When the Time Comes: Families With Aging Parents Share Their Struggles and Solutions.”

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Shares in Jewel parent soar on report of deal









Stock in Jewel-Osco parent Supervalu soared 13.5 percent Friday on speculation that the company is on the brink of a deal with Cerberus Capital Management.

Shares for the Eden Prairie, Minn-based grocery company closed at $2.94.

Supervalu spokesman Mike Siemienas said the company is in talks with several suitors, though a deal is not assured.  A representative for Cerberus Capital Management, a New York-based investment firm, declined to comment for this story.

The Eden Prarie, Minn-based company, which also owns Albertsons, Cub, Acme and Save-A-Lot stores, said it was exploring strategic alternatives, including a sale, in July. Days later, Supervalu dismissed CEO Craig Herkert, and Chairman Wayne Sales stepped in to run the troubled grocer.

Supervalu sales and earnings have lagged those of competitors for years. In 2012, the company's stock price fell 69.6 percent and return on investment declined 68.6 percent, according to Bloomberg. Average stock prices in the broader consumer staples market rose 7.4 percent and returns gained 10.7 percent in the period.

For the fiscal year ended Feb. 25, Supervalu reported a loss of $1.04 billion, which included a $519 million operating loss and $509 million in interest expense. Sales declined 3 percent, to $27.9 billion. The company has carried an onerous debt load since buying Albertsons, which included Chicago's Jewel-Osco chain, in 2006, making Supervalu the subject of bankruptcy  speculation.

Cerberus is rumored to be in the mix to buy parts of the company. The firm has experience in the food retail sector and was an investor in the 2006 Albertsons deal. Cerberus still holds a stake in Albertsons and Strategic Restaurants, a Burger King franchisee with more than 250 restaurants.

eyork@tribune.com | twitter: @emilyyork

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Judge: No felony for dad in Facebook posting









A Cook County judge today reversed himself, reducing the conviction to a misdemeanor for a dad who posted a Facebook photo of his 22-month-old bound and gagged with tape.

Judge Lawrence Flood had convicted Andre Curry in November of aggravated domestic battery and aggravated battery, both felonies, and was scheduled to sentence him today when he did an abrupt about-face.


In reducing Curry’s conviction to misdemeanor domestic battery, the judge said that after reviewing the law, he found no intent to obstruct the child's breathing. He sentenced Curry to 18 months of probation and ordered him to take parenting classes.





Despite his change of heart, Flood said that Curry showed an extreme "lack of judgment."


"In your rush to show everyone how funny you were, you used...a helpless 22-month-old child who was completely dependent on you as a prop," Flood said. “This was not funny, OK? I want you to understand the gravity of your lack of judgment in this case."


Curry thanked the judge in a soft voice and apologized to his family.


"I'm sorry for everybody who’s been on the edge of their seats out there," he said. 


Curry, 22, had been free on bond since his felony conviction but had faced up to 7 years in prison before the judge changed his mind.


At trial, Flood had acquitted Curry of unlawful restraint but found him guilty of the two battery counts, saying in a brief ruling that by placing tape over the girl's mouth, he had obstructed her breathing for his own enjoyment.


"To use a child...as a toy or a prop in an odd attempt at humor is conduct of an insulting or provoking nature," Flood said at the time.


Curry told police he was playing with his daughter one night at their South Side home and used blue painter’s tape to bind her ankles and wrists and cover her mouth. He then snapped a photo and uploaded it on his Facebook page.


Across the top of the photo were the words: "This is wut happens wen my baby hits me back," according to prosecutors and police reports. The message was followed with a winking emoticon.


Family members have said that Curry is playful and the photograph was meant to be a joke.


But the image went viral on the Internet, prompting a flood of calls to police and state child-welfare authorities from Curry’s friends on Facebook and others who had seen it.


jmeisner@tribune.com





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